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January 22, 192~
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<br /> An Act to.amend and re-enact Section 2050 ef the Cede of Virginia, relating to the re-
<br />gulgticm, operatisn a~dmana~ement of the.ferries across the Elizabeth River and branches
<br />thereof.
<br />
<br /> Be it enacted by the General Assembly of Virgimi~ that Section 2050 ef the Code ef Vir-
<br />ginia, be ~ended a~d re-enacted to read as follc~s:
<br />
<br /> Section 2050. How regulated and managed.- The said ferries shall be regulated and man~ged
<br />by the Co~-ucil of the City of Portsmouth and the Beard of Supervisors ef Norfolk Couniy.' The
<br />said Council a~d Beard of Supervisors are authorized, after advertising the same for thirty
<br />days previous to the day ef lease, t~ lease out the said~rries er any p~rt thereof at public
<br />auction to the highest bider for a term of ten years, at the expiration ef which said term
<br />they ~.y again lease the same and continue to lease the same fOr~terms n~t exceedimg ten years
<br />each, upon such~terms and conditions as the said Council and Board of Supervisors sh~ll de-
<br />termine, and may require' bond or bonds from the lessee or leasees in such sum as t~ey~aay
<br />deem best for the faithful perfcrmahce cf the terms of~h~ lea~e s~d with sureties dee.mod
<br />by t~e~ sufficient, v~hichbond or bends shall be-made pmyable to the City of Portsmouth and
<br />County of Norfolk. Provided, however, that shoul~ the Council~nd the Beard cf Supervisors
<br />consider that the highest bid was not sufficient, er ~us~2isfactory, said Co,nell ~ad Board
<br />of Supervisors are given the specific right to ~eject any or all bidsl Said Council l~ud Board
<br />ef Supervisors may lease out the said ferries ~s a whole, or iD such l~rts as they m~y deem
<br />best for the interest of said Cit~- and County.
<br />
<br /> The said Council and Board of ~pervisors~are, however, a~thorized and directed should
<br /> the two bodies so joint~ ~gree, to opsrate and m~r~ge said fer~ies,~ a~d the said Council and
<br /> B~ard of Supervisors shall then~p~oint a superintendent ef the ferries, whose salary shall
<br /> be fixed and who sh~ll be u~ier the central of the said Council and Beard of S~pervisors, and
<br /> who may be removed by said bodies at their pleasure? The s~ld S~perinte~dent shall ~e
<br /> monthly reports of the operation of the fm~ries te said Council ~ud Board of Supervisors,
<br /> amd he sh~ll be bended in a sum to be fixed by the Oouncil and the Board of Supervisorm. The
<br /> said Superintendent shall, under such~rules s~ud regulations as the said Council ~d Board ef
<br /> Supervisors may prescribe, ~ve entire charge of ~he operation and mainter~nse of maid ferries~
<br /> He sh~ll ~unually before the first d~y ef Eovember of ~ah year, submit to the Council and
<br /> Beard of Supe_*visors, a budget covering the oper~tie$ ~nd maintenance of the ferries for the
<br /> fellowmng calendar yes~, prsvmded, however, the budget for the f~st yes~r ~ be £er the
<br /> unexpired ~oriiem of t~e ye~r~ T~s budget shall give i~detail the classmfieatien an~ the
<br /> number of emPlsyee~ propose~ to be employed for ~e year, the~ salaries a~d wages, the. sm~s
<br /> needed for the v~rieus classes and supplies, m~terials, mmintenan~e and ~e~irs £or new plant.
<br /> This b~dge~ shall be ce~id~re~by the Ce~mci!and by the Board of Supervisors and'by them
<br /> approved as origimally sub~itted or iS modified form, before the first day of Jar~ry of the
<br /> year to which it appli~s~ After maid budget has been approved, the snperintendsnt ef the
<br /> ferries sha~l have full power without l~rior authority to emplOY su~n person~ as he mS~y deem
<br /> necessary £~ efficient eperatisn of said ferries, if the total ef their pay sh~ll be within
<br /> thebudge~ req~irement, and to discharge any em~°leyee cf the ferries for a~yspecifie c~use
<br /> or for g~ners~l inefficienc~ ·
<br />
<br /> In the event efa disl~te between the said Council and the Board of Supervisors as to
<br /> any questiom concerning the regulatien, m~nagement or operation of said ferrmes, said dispute
<br /> sh~ll be settled by an arbitrator appointed by the president of the Supreme Court of Appeals
<br /> of Virginia~ such ~rbitr~tor shall not be ~ resident of .the City of Norfolk, Portsmouth,' South
<br /> Norfolk o~ the County of Eerfolk, and he shall receive for his servicss $~.00 ~er diem, to-
<br /> gether wi~h n~cessary travellisg expenses, to be paid out of the r~cempts cf samd ferries.
<br />
<br /> ~hether said ferries be operated directly by the City of Portsmouth and the Co~mt~of
<br /> Norfolk ar be le~sed in whole er in part, a sum equ~l at least to ten per ~nt e~ the net
<br />vreceipts a~c~ng tc the City of POrtsmouth and the County of. Norfolk s~hallbe paid an~u~ally
<br /> in menth!y inst~lments into a fund to be kno~vn as the ~Depreclatien Fund," whic~und~shall
<br /> be used solely for the purchase of new equipment o~ to replace pe~nent structures, in Whole
<br /> or in part, when such replacemen~ becomes necessary.
<br />
<br /> . In issuing bands to provide forths p~rchase of new equipm~ut and for payment of ob!iga-
<br />tio~s of the ferries new outsts~ding, but not yet liquidated, ~nd for the purchase of addition-
<br />al rea! estate or for rebuildingpe~m~nent structures or building additional structures, the
<br />City of Portamouthand the County of Norfolk are hereby authorized, as the same shall be deemed
<br />to be ~ecems~vy, to issue o~ly ten year serial bonds and to the issuance of said bonds for the
<br />purposes: aforesaid, thesaid City .of Portsmouth and the County of Eorfelk are hereunto duly
<br />empewere~ and authorized,
<br />
<br /> The accounts of the ferrmes, m- o~erated dmrectl~:.by the said City and County, shall be
<br />audited semi-annually by a cet~ified public accountant selebted by the s~id Council andBoard
<br />ef Supervisors.
<br />
<br /> It shall be competent foF either the City of Pertsmouth er the County of ~erfolk te become
<br />the lessee of the whole property hereunder in the ~ manner and to the same extent as any
<br />other pe~son or corporatlo~ght become such?
<br />
<br /> On metisn of Mr. Stewart (~.R.), the recormmendations of the Comm~ittee'were a~opted, and
<br />by the following vote:
<br /> Ayes-- Brooks! Hutchin~ Smith,, Stewart (~J,R.),
<br /> ~ Stew~=~ (R.E.B.)~ White, 6.
<br />
<br /> ~he followimgcommunicatiens were read from the OityEanager:
<br /> ~ 1st. "I be~ to inform
<br />you thmt the term ~f office ef the Polic~e Justice expires on ~he ~lst ds~v of this month, and
<br />that his successor should be elected at this meeting."
<br />
<br /> In t~is connection, ~m aPDlicatisn was read from Harry Cuthrie!l for re-election to said
<br />Office.
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